Senator Fassett.— Those witnesses who are in attendance in reference to the excise department may be excused until to-morrow morning at 11 o'clock. The committee will now take a recess until 3 o'clock p. H.

Tuesday Afternoon, May 20. 1890. Charles C. Osborn, recalled:

By Mr. Boardman:

Q. Doctor, when the committee adjourned we were talking about the interview you had with Mr. Intemann at the saloon on the corner of— A. Corner of Eighth street and Sixth avenue.

Q. Did you ever meet Intemann again? A. Yes, sir.

Q. When did you meet him again? A. The next time I saw him was about 10 o'clock the next forenoon.

Q. Where was that? A. That was in Dr. Levings room at 33 Washington place, West Washington square.

Q. Was the question of money discussed at that interview? A. It was in a general way; Intemann stated that he had telegraphed the company, and had received nothing definite from them in relation to the conversation; that was all I heard.

Q. Did you see him again about the matter? A. Yes, sir; Mr. Intemann then stated — seemed quite anxious to have the thing brought about, and stated that he would come to my office on Friday afternoon; he wanted to come Thursday, but it was impossible for us to meet him then; we stated we had some business which would take us to Long Island, and he said he would come to our office Saturday morning, before we started out on Saturday morning; he appeared about 10 o'clock; I know the doctor and I were busy writing up reports, etc., and generally about 10 o'clock we started out; we waited there until nearly 10 o'clock, and he didn't appear; my office is 118 Forty-eighth street, and we got to the corner of Seventh avenue and Forty-eighth street, and starting down Seventh avenue, when Mr. Intemann joined us; he had been chasing us for some distance; we had some conversation then in regard to the affair, and he said Jesse Derling, the president of the company, would be in town that day, and that he would see him and get the money, and he stated that he would come to my office that afternoon at 5 o'clock; the next time I saw him was between 5 and 0, and Dr. Levings was there present; we were cleaning up, getting ready to go to dinner, and Mr. Intemann arrived there, and he stated again something about the failure of the money arriving; that it was after banking hours, or something of that sort, and Mr. Derling had not got the money.

Q. What week was this? A. This conversation took place on the morning or afternoon of January thirty-first; the next day was the first.

Q. That was Saturday? A. That was Saturday; now, to continue the conversation at my office; that evening he asked us where he could meet us i,he next day; he was very anxious to consummate this thing, evidently, and we told him we would be busy all day; it was the day for instruction at the laboratory; we met every Saturday morning for that purpose, and received instructions from Martin, and it would be impossible at that time; he wanted to know what we were going to do in the afternoon, and I told him in the afternoon we were going down to Niblo's Garden to the matinee, and could not see him then; then he wanted to know where we were going at lunch time; I told him that we would probably take lunch at the Sinclair House, which was a favorite lunch place, and would probably be there between 12 and 1; he said he would be there at that time; that night or afternoon I caught a severe cold, and the next morning I was laid up with inflamed eyes and conjunctivitis, and was excused by the department for three days, and did not see Intemann again until the morning of the third of May, when we made the last inspection of the milk of the Lake Milk Company.

Q. Did Dr. Levings tell you what had happened on the twelfth of February between him and Intemann? A. He did; yes, sir.

Q. When did he tell you? A. Dr. Levings called on me that morning, at the request of Mr. Martin, to come up and see what was the matter; he found out I was sick, and reported the facts to Mr. Martin, and I was excused from duty; then he told me he wanted to know about going to the theater; I told him I could not go with him; that I expected my brother in that morning, and would give him the ticket and let him join him and go to the Sinclair House and take lunch with him, if that would be agreeable; he said he would be very glad to do so; he knew my brother very well, and my brother did come in subsequently.

Q. Did he go there? A. No, sir.

Q. So Levings went there alone? A. Yes, sir.

Q. He met Intemann there alone? A. Yes, sir.

Q. And took lunch with him alone? A. Well, I can not remember the facts of that.

Q. You remember the fact that he told you about it? A. Yes, sir.